w w w . L a w y e r S e r v i c e s . i n



Ashu Gutpa v/s Varsha Jain


Company & Directors' Information:- VARSHA CORPORATION LIMITED [Active] CIN = U24134MH2000PLC130217

Company & Directors' Information:- JAIN AND CO PVT LTD [Strike Off] CIN = U65921UP1925PTC000288

    MAT.App.(F.C.). No. 202 of 2017

    Decided On, 23 July 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE G.S. SISTANI & THE HONOURABLE MS. JUSTICE SANGITA DHINGRA SEHGAL

    For the Appellant: Sanjay Agnihotri, Syed Anis Nizami, Vikram Yadav, Advocates. For the Respondent: Akhil Sharma, Advocate.



Judgment Text

G.S. Sistani, J.

Oral:

1. This is an appeal under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 30.08.2017 passed by the Family Court by which a petition filed by the appellant (husband) seeking divorce on the ground of cruelty has been dismissed.

2. The matter has been amicably resolved by the parties through mediation of the Court and the efforts made by counsels appearing for the parties and the parties. The matter was taken up in the Chamber on 11.07.2018, 10.07.2018 & 09.07.2018. On 11.07.2018, the appellant was accompanied by his father while on 10.07.2018, the respondent was accompanied by her brother. The parties have finally decided to resolve all their disputes and differences, claims and counter claims in the following manner :-

(i) Parties agree that they would file a petition for grant of divorce by mutual consent.

(ii) First motion shall be filed within a period of 15 days.

(iii) The parties have agreed that the appellant shall pay to the respondent a total sum of Rs.25,00,000/- in full and final settlement of all her claims and dues towards Stridhan, maintenance, alimony, etc., which the respondent has agreed to accept. This amount shall be paid in the following manner :

(a) Bank draft, to be drawn in favour of the respondent amounting to Rs.15,00,000/-, will be annexed with the petition seeking divorce by mutual consent in the first motion and upon the statement being made by the respondent before the Family Court the demand draft shall be handed over to her.

(b) The second motion shall be filed within 10 days of statement being made at the first motion and in case, the appellant is able to make arrangement for the complete amount, the appellant for seeking divorce by mutual consent shall be made before the Family Court. Upon making the statement at the time of second motion, Rs.5,00,000/- shall be paid in the same way as stated in para (iii) (a) above.

(iv) The respondent agrees and undertakes that she has no objection, if the FIR is quashed against the appellant and all his family members, subject to the appellant paying a total sum of Rs.25,00,000/- to the respondent.

(v) The appellant will draft a petition seeking quashing of the F.I.R. registered against the appellant and all his family members on the complaint filed by the respondent, and file the same within 7 days from the date of grant of decree of divorce.

(vi) The respondent agrees and undertakes to this Court that on receipt of the balance amount of Rs.5,00,000/-, she would have no objection if the F.I.R. is quashed. A sum of Rs.5,00,000/- shall be paid in Court upon respondent making the statement.

(vii) Parties agree and undertake that the arrangement arrived at between them has been duly understood by them. The arrangement arrived at between them today is without any fear, coercion, duress and undue influence.

(viii) Parties further submit that this arrangement may be treated as an undertaking to this Court and consequences of any violation have been explained to them. Parties shall append their signatures on the order sheet as token of acceptance of the above terms.

(ix) Parties agree and undertake to strictly adhere to the time schedule, which has been fixed upon their acceptance and concurrence.

3. The respondent submits that she and her family are living in a constant fear from the appellant and his family members. She further submits that the appellant must undertake to the Court that henceforth the appellant and his family members will not in any manner directly or indirectly interfere, obstruct or cause any hinderance in the day-to-day life of the respondent and her family members.

4. The appellant disputes that he or his family members have ever caused any obstruction or rendered any threat to the respondent or her family members. However, both the parties agree and undertake to this Court that henceforth they will not contact each other and will not directly or indirectly cause any threat, hinderance, obstruction in the day to day life

Please Login To View The Full Judgment!

to each other. The statements so made shall also form part of the undertaking given and accepted by the Court. 5. Court appreciates the efforts put in by the counsels for the parties and the parties for early resolution in the matter. 6. Having regard to the settlement arrived at between the parties, the undertakings are accepted. 7. With these directions, the appeal alongwith CM APPLs 41826/2017 & 15939/2018 is disposed of.
O R







Judgements of Similar Parties

06-05-2020 Shashi Bala Jain Versus State of U.P & Others High Court of Judicature at Allahabad
17-03-2020 Pooja Vinay Jain Versus Securities and Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
12-03-2020 Nitin Kumar Jain Versus Union of India, Through, Human Resources Development, Department of School Education & Literacy, New Delhi & Others Central Administrative Tribunal Principal Bench New Delhi
06-03-2020 Sri Munish Jain Versus State of U.P. & Another High Court of Judicature at Allahabad
03-03-2020 Sanjay Jain (Dhariwal) Versus State Of Chhattisgarh High Court of Chhattisgarh
02-03-2020 The Superintendent of Post Office, Bolangir Division, Bolangir, Odisha Versus Jambu Kumar Jain & Others Supreme Court of India
02-03-2020 Scindia Potteries & Services Pvt. Ltd. Versus Ankur Jain & Others High Court of Delhi
02-03-2020 Udbhav Kumar Jain Versus High Court of Delhi & Another High Court of Delhi
02-03-2020 Nitin Jain & Others Versus State & Another High Court of Delhi
02-03-2020 Mayukh Bhusan & Another Versus Varun Jain & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
26-02-2020 Harish Jain Versus Haveli Restaurant & Resorts Ltd. Through its Managing Director, Jalandhar (Punjab) & Others National Company Law Appellate Tribunal
19-02-2020 M/s. Pankaj Trading Company Proprietor Mr. Manoj Jain & Others Versus National Insurance Company Ltd. Rajnandgaon Chhattisgarh National Consumer Disputes Redressal Commission NCDRC
19-02-2020 Arun Kumar Jain & Another Versus Bhagwant Singh Pabla & Another High Court of Delhi
17-02-2020 M/s. Hitachi Power Europe GmbH, Represented by the Authorised Signatory of its Project Office, Chennai, Pravesh P. Jain Versus Income tax Settlement Commission Additional Bench, Chennai Ministry of Finance Department of Revenue & Others High Court of Judicature at Madras
17-02-2020 National Insurance Co. Ltd. Versus Veena Jain Delhi State Consumer Disputes Redressal Commission New Delhi
13-02-2020 Nenmal Jain Versus Preeti & Another High Court of Judicature at Madras
04-02-2020 M/s. Arvind Kumar Jain Versus Union of India High Court of Delhi
30-01-2020 M/s. Alfred Berg & Co. (I) Pvt. Ltd., Rep. by its Director, Kamalesh K Jain & Another Versus TamilNadu State Rep by Senior Drugs Inspector, Villupuram Range I/c Cuddalore High Court of Judicature at Madras
29-01-2020 Sachin V. Jain Versus State, by Inspector of Police CBI, Chennai High Court of Judicature at Madras
29-01-2020 Atul Kumar Jain & Another Versus Shourya Towers Pvt. Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
27-01-2020 Pankaj Kumar Versus Praveen Jain High Court of Rajasthan Jaipur Bench
21-01-2020 S. Umedraj Jain Versus Sadasivam High Court of Judicature at Madras
15-01-2020 Union of India Versus Oghadmal Hiralal Jain & Another High Court of Judicature at Bombay
15-01-2020 Union of India Versus Narendra Ratanchand Jain & Another High Court of Judicature at Bombay
13-01-2020 Prakash Chandra Jain Versus Director, Danish Grih Nir Sanstha MYDT Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
13-01-2020 The State of Maharashtra Versus Laxmichand Nagaji Jain & Others High Court of Judicature at Bombay
13-01-2020 Hans Raj Jain Versus Election Commission of India High Court of Delhi
13-01-2020 Union of India through, Deputy Chief Controller of Imports & Exports Versus Hukmichand Jain & Others High Court of Judicature at Bombay
08-01-2020 Arvind Jain Versus The Income Tax Officer, West Tambaram, Chennai & Another High Court of Judicature at Madras
08-01-2020 Adesh Prakashchand Jain (Borudiya) Versus Harish Punamchand Une & Another In the High Court of Bombay at Aurangabad
02-01-2020 Anant K. Jain Versus M/s. Ireo Pvt. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
23-12-2019 Anil Kumar Jain & Others Versus Nexgen Infracon Private Limited National Consumer Disputes Redressal Commission NCDRC
20-12-2019 Milap Devi Jain & Others Versus Bank of Baroda & Others Debts Recovery Appellate Tribunal at Allahabad
18-12-2019 Ambika Jain & Others Versus Ram Prakash Sharma & Others High Court of Delhi
16-12-2019 Rani Bhatia Versus Sadhna Jain & Another High Court of Delhi
06-12-2019 P. Tarachand Versus Seshamal M. Jain & Others High Court of Karnataka
04-12-2019 Ford. India Pvt. Ltd. Versus Uttamchand Jain & Others Chhatisgarh State Consumer Disputes Redressal Commission Raipur
26-11-2019 A. Murugan & Others Versus M/s. Rainbow Foundation Ltd, Anoop Chand Jain, Chennai & Others High Court of Judicature at Madras
26-11-2019 Champalal Kapoorchand Jain Versus M/s. Navyug Cloth Stores & Others High Court of Judicature at Bombay
26-11-2019 M/s. Hallmark Capital Pvt. Ltd., Rep. by its Director, Anand Jain, T. Nagar, Chennai Versus The District Collector, Kanchipuram & Others High Court of Judicature at Madras
26-11-2019 Akash Jain Versus The State of Telangana & Another High Court of for the State of Telangana
18-11-2019 Anand Rao Korada Resolution Professional Versus M/s. Varsha Fabrics (P) Ltd. & Others Supreme Court of India
18-11-2019 Sandeep Mehta, Director, Jain Housing & Constructions Limited, Chennai & Another Versus Rani Paul, Represented by her husband G. Paul Vijayarajan High Court of Judicature at Madras
13-11-2019 Gouri Shankar Jain Versus Punjab National Bank & Another High Court of Judicature at Calcutta
11-11-2019 Anila Jain Versus Emaar Mgf Land Ltd. National Consumer Disputes Redressal Commission NCDRC
08-11-2019 Suresh Kumar Jain & Others Versus Madanlal Jain & Others High Court of Judicature at Calcutta
08-11-2019 Rahul Jain Versus Rave Scans Pvt. Ltd. & Others Supreme Court of India
07-11-2019 Surender Kumar Versus M/s. Khandelwal Jain Society & Another High Court of Delhi
31-10-2019 Reckitt Benckiser (India) P. Ltd V/S Surekhaben L. Jain and Others High Court of Delhi
31-10-2019 Kashish Jain Versus The State (Govt. of NCT of Delhi) High Court of Delhi
29-10-2019 Vinod Kumar Jain Versus U.T. Administration, through Secretary Engineering, Chandigarh & Others Central Administrative Tribunal Chandigarh Bench
24-10-2019 Rajender @ Rajesh @ Raju; Raj Kumar @ Raju; Sharda Jain Versus State (Nct of Delhi) High Court of Delhi
23-10-2019 M/s. Brijwasi Infratech Pvt. Ltd. Versus Vikas Jain High Court of Delhi
18-10-2019 Ranvir Singh Versus Rajinder Kumar Jain High Court of Delhi
17-10-2019 Sai Wellness, Represented by its Partner Manav Jain, Coimbatore Versus The Commissioner of Police, Gopalapuram, Coimbatore & Another High Court of Judicature at Madras
14-10-2019 Chanchal Jain Versus State of Rajasthan High Court of Rajasthan Jodhpur Bench
11-10-2019 Bhartiya Govansh Rakshan Sanvardhhan Parishad Through its authorized representative Dr. Vinod B. Kothari Jain Versus The State of Maharashtra & Others High Court of Judicature at Bombay
10-10-2019 Parasmal Daulatram Jain Versus Rameshwar Rathanlal Karwa High Court of Judicature at Bombay
03-10-2019 AIR Commodore Naveen Jain Versus Union of India Supreme Court of India
01-10-2019 Kiran Jain Versus Government of NCT of Delhi & Others High Court of Delhi
27-09-2019 Bushan Chimanlal Jain & Another Versus Dr. Chandru K.M. & Another National Consumer Disputes Redressal Commission NCDRC
24-09-2019 Deepakkumar Shantilal Jain Versus Securities & Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
23-09-2019 M/s. Kawarlal & Co., Chennai, By its Proprietor K. Ramlal Jain Versus Joint Director General of Foreign Trade O/o. The Additional Director General of Foreign Trade, Ministry of Commerce & Industry, 'Kendriya Sadan", Koramangala, Bangalore & Others High Court of Judicature at Madras
19-09-2019 Pritam Arora Versus Manak Chand Jain High Court of Delhi
16-09-2019 Jitesh Ghewarchand Jain & Another Versus State of Goa Through its Chief Secretary & Others In the High Court of Bombay at Goa
11-09-2019 Arvind V. Sheth & Another Versus Mahendra Mohanlal Jain High Court of Judicature at Bombay
06-09-2019 Subhash Chand Jain Versus C. Ravindran & Others Debts Recovery Tribunal Chennai
02-09-2019 Suresh Jain Versus Mandeep Singh Batra & Others High Court of Delhi
23-08-2019 Kajal Aggarwal & Another Versus Renu Jain & Another Debts Recovery Appellate Tribunal at Delhi
22-08-2019 Commissioner of Income Tax, Delhi Versus Anoop Jain High Court of Delhi
21-08-2019 Shree Daneshwari Traders V/S Sanjay Jain and Others. Supreme Court of India
20-08-2019 Sangeeta Jain Versus State of U.P. High Court of Judicature at Allahabad
13-08-2019 ICICI Home Finance Ltd. Versus Manish Jain National Consumer Disputes Redressal Commission NCDRC
08-08-2019 Dr. V.K. Jain Versus State of Rajasthan & Others Supreme Court of India
07-08-2019 Ajay Travels Versus Dr. Pulak Jain & Another National Consumer Disputes Redressal Commission NCDRC
06-08-2019 Ashok Kumar Jain Versus State of Madhya Pradesh & Others High Court of Chhattisgarh
05-08-2019 Jain Foot Comforts Pvt. Ltd Versus Jagwati Jain & Another High Court of Delhi
01-08-2019 Rohan Sunil Jain (Chavre) & Others Versus The State of Maharashtra, Through : the Police Sub-Inspector & Another In the High Court of Bombay at Aurangabad
31-07-2019 Sudhir Kumar Jain Versus State of Rajasthan Supreme Court of India
30-07-2019 Vistra Itcl (India) Limited & Another Versus Lalit Kumar Jain & Others High Court of Delhi
26-07-2019 R. Padamchand Jain Versus The District Registrar Chennai-North, Chennai & Others High Court of Judicature at Madras
25-07-2019 Dharmendra Kumar Jain Versus Vishnu & Another High Court of Madhya Pradesh Bench at Gwailor
24-07-2019 Vinod Bhaiyalal Jain & Others Versus Wadhwani Parmeshwari Cold Storage Pvt. Ltd.Through its Director & Another Supreme Court of India
22-07-2019 Shanti Kumar Jain Versus U.P. Jal Nigam Lucknow Thru Managing Director & Others High Court Of Judicature At Allahabad Lucknow Bench
18-07-2019 Gotilal Dalchand Jain Versus The State of Maharashtra High Court of Judicature at Bombay
17-07-2019 Atul Gulati & Another Versus Varsha Mehra & Others High Court of Delhi
01-07-2019 Anil Kumar Jain Versus Kalpana Jain High Court of Judicature at Allahabad
01-07-2019 Arvindkumar Jain Dhakad & Others Versus Union of India & Others High Court of Judicature at Bombay
28-06-2019 The Branch Manager, Future General India Insurance Company Limited, Rep. by Senior Manager & Others Versus S.L. Varsha & Others High Court of Gujarat At Ahmedabad
25-06-2019 Nav Ratan @ Natvarlal Shantilal Jain Versus State of Gujarat High Court of Gujarat At Ahmedabad
21-06-2019 Kalpesh Babulal Jain & Another Versus Sheikh Abdul Kased & Others High Court of Judicature at Bombay
20-06-2019 Ambika Mental Make Versus Rajeev Jain Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
13-06-2019 Mangaldas Versus Ashok Jain & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
12-06-2019 M/s. Proline Inc. Versus Ramesh Jain High Court of Judicature at Calcutta
11-06-2019 Jain Tubes, Represented by its Partner, Hemant Kumar Jain Versus The State Tax Officer, Tondiarpet High Court of Judicature at Madras
29-05-2019 Union of India Versus Sapna Jain & Others Supreme Court of India
27-05-2019 Commissioner of Customs (Import) (Inland Container Depot, Tughlakabad, New Delhi) Versus Chandan Kumar Jain Customs Excise amp Service Tax Appellate Tribunal Principal Bench New Delhi
22-05-2019 Amita Jain & Others Versus Air Chartered Services Pvt. Ltd. & Others High Court of Delhi
30-04-2019 Varsha Versus Kamlesh & Another High Court of Madhya Pradesh Bench at Indore
29-04-2019 Usha Jain & Others Versus Snehalata Kumudini Barnabas & Others High Court of Delhi


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box